Liaoning Province, Cemetery Management

Original Language Title: 辽宁省公墓管理办法

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  The first burial of the deceased in order to protect the urban and rural residents ' rights, maintenance of cemetery management order, according to the funeral and interment management regulations and other relevant laws and regulations, combined with the province, these measures are formulated.

Article cemetery mentioned in these measures refers to legally approve the establishment used to bury the ashes of public funeral service facilities, including ashes grave cemetery, ash tree burial cemeteries, ashes cemetery and so on.

Article in the cemetery within the administrative area of the province engaged in the construction, operation and management, application of this approach.

National martyrs cemetery, Muslim cemetery otherwise provided, in accordance with its provisions.

Fourth of provinces, cities and counties (including County-level cities and districts, the same below) the Home Department is responsible for the administrative management of cemeteries.

Finance, land and resources, housing and urban-rural construction, environmental protection, forestry, prices, tax authorities, according to their respective functions of cemetery management related work.

Fifth of municipal and county governments should guarantee public cemetery construction and operation funding.

Encourage businesses, social organizations and individuals to donate, donor participation in public welfare, such as the construction of cemeteries.

Sixth, no unit or individual without legal approval, not the construction of cemeteries and other facilities for the storage of ashes.

Graves on scattered in the cemetery outside the building, city and county governments should take measures to encourage moved into public focus of the cemetery for burial.

Seventh city and County Civil Affairs Department shall, in conjunction with land and resources, housing and urban-rural construction, forestry and other relevant departments, according to conserve land, protect the environment, convenience and benefit, the principle of balance between supply and demand, continued running, preparation of construction plan of the administrative public welfare cemeteries, approved by the people's Governments at the corresponding level, and report to the Department of civil affairs at a higher level for the record.

Provincial civil affairs departments in accordance with the provisions of the preceding paragraph operating cemetery construction planning in the province.

The eighth new public cemetery, according to the construction of public welfare cemeteries by County or public service plan, a proposal the people's Governments at the corresponding level for approval.

New cemetery operations, the applicant shall submit to the County Civil Affairs Department, where the location of the following materials, approved by county governments and the public service, the provincial Civil Affairs Department for approval:

(A) the application for establishment of cemetery;

(B) feasibility studies;

(C) location where the villagers ' meetings or villagers ' representatives two-thirds members to vote through resolutions, two-thirds above or adjacent to the community residents ' consent;

(D) construction planning permission, approval procedures, such as land or forest land;

(V) the environmental impact evaluation of construction project approval documents;

(F) the master plan and detail plan of the cemetery;

(VII) other materials stipulated by laws and regulations. The Nineth new public cemetery land should be made available for allocation in accordance with law.

New operating cemeteries should be made according to land is made.

Cemetery of the tenth article of the green cover should be not less than the total area of the cemetery of 70%, ritual burning sites should be configured with the function of environmental purification process incineration and waste treatment facilities. Each tomb of the 11th new cemetery covers an area of no more than 1 square meter, tombstone along with the height of the surface of the base of 1.

2 m. Cemetery built tombs and gravestones should reduce cement, stone and other refractory materials used.

Encourage the use of alternative materials saves resources, promoting the use of horizontal gravestones and non-white tablet.

Forbid the construction of above-standard grave and tombstone. 12th Government price-price of the public cemetery mausoleum.

Specific standards by County, price, or in conjunction with the Civil Affairs Department in accordance with the nonprofit sustainability principles taking into account the residents approved, and announced to the public.

Public cemetery shall, within the scope specified by the Civil Affairs Department of geographical and services, not across the region and beyond to engage in for-profit activities such as marketing.

Tomb of the 13th public welfare cemeteries should be establishment of a free zone in the region, and other relief measures, financed by municipal and County public finances to protect it.

User choose to free burial following the death of residents, from full cost:

(A) enjoy the benefits of subsistence allowances for urban and rural residents personnel;

(B) enjoy the benefits of rural five guarantees personnel;

(C) unable to support persons and dependants, no work and no has a source personnel;

(D) the righteous sacrifices personnel;

(V) belongs to the allowances, but no State funeral benefits personnel;

(F) the personnel body organ donation;

(VII) unable to verify identity, residence, work and social relations personnel;

(H) family income close to the minimum living standard of other living people. 14th business price and implement market adjusted of the tombs of the cemetery.

Cemetery operations operating unit shall determine the Tomb within 10th of the price, reported to the County Civil Affairs Department for the record, accepting prices price intervention measures implemented by law shall not be bidding up the prices and price-gouging. Cemetery operations operating unit shall, in accordance with high, medium, low graded sets different prices for users to choose. Price weighted average price for the standard of all the tombs, 30% per cent higher than the standard value for high prices, below the 30% of the standard value for the low price, 30%-interval on standard value for the price.

Supply, low price shall not be less than 70% of total supply.

15th cemetery operation unit shall obtain the effective establishment of the voucher and the relevant registration, and cemetery operations.

16th cemetery operators without changing the name of the cemetery, the nature, legal representative, service areas, service projects, area and so on, are not allowed to close the cemetery or change of use.

The matters listed in the preceding paragraph is changed, cemetery operators shall from the date of change to the original examination and approval organ for the record in the 15th, according to relevant procedures.

17th cemetery operating units should be established in the service prominently publicized an effective voucher and cemetery property, cemetery service life, fees and Foundation and relief measures, services, service projects, work processes, service standards, complaints and so on.

Tomb of the 18th, user needs to purchase, shall provide a valid identity document and death certificate for burial or cremation certificates for couples and elderly, critically ill patients alive party reservation, shall issue a burial of a valid identity document and proof of age, medical diagnosis.

Cemetery operating unit after the check user evidence buried signed agreements, and free to provide users with rich text and cemetery grave certificate, issuance of tax invoices or the Finance Department printing (supervisors) Bill.

Bury the main elements of the agreement include:

(A) the location, area, size of the tombs and gravestones;

(B) the user's name, residence, contact, nature of the burial;

(C) the price-maintenance management, and agreed a one-off payment deadlines;

(Iv) expires not continue paying maintenance fees ash handling;

(V) the alteration, cancellation and termination of the agreement the conditions, procedures and breach of contract and other matters. 19th cemetery tomb of one-time charge of operating units-maintenance management cycle are not more than 20 years.

Payment within 180 days before the expiration, cemetery operators shall inform the user in a way that can be verified afterwards writing; tombs need to be preserved by the user, should the continued payment of formalities. Maintenance fee on an annual basis.

Year payment standard in accordance with the relevant provisions of the province.

20th cemetery operation unit shall obtain from the provincial Civil Affairs Department to the County Civil Affairs Department cemetery grave certificate produced by the serial number, and an annual payment of its record.

Cemetery operating unit shall ensure that burial and cemetery grave certificate issuance information shall not be provided to the same burial tomb of two or more may not be buried in tomb of changes within the term of the agreement shall be subject to appreciation of the commitment to repurchase, Tomb of the false propaganda, such as property speculation.

Any unit and individual is prohibited to resell the grave sold.

21st cemetery operation unit shall encourages and guides the user tree burials by bury, bury lawn, flower beds, wall was buried, underground Palace was buried and adopting horizontal gravestones and other resource conservation, protection of the ecological burial and sacrifice other civilizations.

Cemetery grave sacrificial activity, banned setting off fireworks and burning of sacrificial goods other than in designated places or engaging in superstitious activities.

22nd cemetery operators shall establish a sound financial, service, maintenance, fire prevention, security, file system, ensure the buried archives information is true, complete, buried record-keeping period is not less than 20 years after the termination of this agreement. 23rd civil affairs departments should strengthen supervision and inspection of cemetery operations, establishing social monitoring and complaint reporting system to improve cemetery grave certificate repository management mechanism to prevent forgery and misuse.

Not qualified to check the cemetery operations unit, to order the rectification, and list of rectification was published in the media.

24th article violates these rules, unauthorized construction of cemeteries and other facilities for the storage of ashes, by the home authorities and the Department of housing and urban-rural construction, land resources be banned and ordered to make restitution, confiscate the illegal income, and may also be illegal gains more than 1 time penalty of 3 times, and issued warning bulletins to the community.

25th article violates these rules, cemetery tomb of the operating units are not sold by Government pricing, excessive charge a maintenance fee, or does not implement the statutory price intervention measures, driving up prices and price fraud, by the commodity price departments shall punish.

26th article violates these rules, public cemetery operators did not establish a free zone or region and beyond to engage in for-profit activities such as marketing, operating cemetery is not proportional to the provisions set in the low price of the Tomb, by the Home Department ordered corrective action and fines of between 10,000 yuan and 30,000 yuan.

27th article violates these rules, cemetery operators of newly-built Tomb covers an area more than the standard, rectification by the Home Department, confiscate the illegal income, and may be illegal proceeds more than 1 time 3 times less fine tombstone over standard, each tombstone 1000 Yuan fine.

28th article violates these rules, cemetery operators concerned has yet to be announced to the user, a rectification by the home sector; it fails, fined 10,000 yuan.

29th article violates these rules, cemetery provided by the operating unit to the same burial tomb of more than two, or burial tomb of the changes within the term of the agreement, reselling and each fined 30,000 Yuan by the departments of Civil Affairs Department.

30th in violation of the rules for cemetery operations maintenance management and poor security led to the tomb's ashes, tombstone is lost or damaged, by cemetery operators shall bear civil liability.

31st Civil Affairs Department and other departments concerned in the management of the cemetery, one of the following circumstances, disciplined by their work units or by the competent departments are serious, suspected of a crime, criminal responsibility shall be investigated in accordance with law:

(A) violations of the cemetery construction plan approval to establish the cemetery;

(B) operation of cemeteries not to investigate and punish the violations;

(C) the use of Office to seek illegitimate benefits for others, or participate in the cemetery operations to gain an advantage;

(D) other acts of abuse, malpractice, neglect their duties. 32nd article this way since September 25, 2015.

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